Harry Armstrong v. Joseph A. Califano, Jr., Secretary of U. S. Dept. Of Health, Education, and Welfare

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal by the Secretary of Health, Education and Welfare (HEW) from an order by the district court to remand this matter to HEW, and directing that the claimant, Harry Armstrong, be granted “black lung” disability benefits under the Federal Coal Mine & Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (1970).

Armstrong submitted to HEW an application for disability benefits under the Act on February 13, 1973. A hearing before an administrative law judge resulted in a determination that Armstrong was not entitled to benefits because he…